2013 (12) TMI 1738 - HC - Indian Laws

Summary

Issues involved:
The judgment involves the issue of recalling a final order passed in a criminal case without hearing the victim, invoking the inherent powers of the court under Section 482 of the Criminal Procedure Code.

Details of the Judgment:

Issue 1: Recalling of order without hearing the victim
The petition under Section 482 of the Criminal Procedure Code was filed to recall the final order transferring a Sessions Trial from one court to another without hearing the victim, who is the complainant in the case. The core question was whether the victim is required to be heard before such a transfer order is passed.

Issue 2: Importance of victim in criminal proceedings
The concept of "victim" was introduced in the Code of Criminal Procedure through amendments in 2009, recognizing the importance of victims in the criminal justice system. The victim has been defined under Section 2(wa) of the Cr.P.C., and various provisions have been introduced to protect the rights of victims in investigations, trials, appeals, and revisions.

Issue 3: Victim's rights and recognition
The victim, being the ultimate sufferer in a crime, has been given recognition as an aggrieved party in the criminal justice system. The victim's rights are now protected from the occurrence of the incident through trial, appeal, and revision, ensuring their participation in the legal process.

Precedents and Legal Standpoints:
The Supreme Court has emphasized the importance of hearing the complainant or victim before passing orders favoring the accused. Various decisions have highlighted the necessity of giving the victim an opportunity to be heard, even before the statutory recognition granted to victims in the amended Code of Criminal Procedure in 2008.

Conclusion:
The court held that the order transferring the sessions trial without hearing the victim was vitiated and ordered its recall. The victim's right to oppose the transfer and participate in the legal proceedings was recognized, emphasizing the importance of victim involvement in criminal cases.